IN THE HIGH COURT OF KERALA AT ERNAKULAM
MACA.No. 1570 of 2008()
1. FAIZAL, S/O.ALIKOYA 34 YEARS
... Petitioner
Vs
1. ABDUL NAZAR, S/O.MOHAMMED,
... Respondent
2. ORIENTAL INSURANCE CO.LTD.,
For Petitioner :SMT.K.V.RESHMI
For Respondent :SRI.GEORGE CHERIAN (THIRUVALLA)
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :11/02/2010
O R D E R
M.N. KRISHNAN, J.
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M.A.C.A. NO. 1570 OF 2008
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Dated this the 11h day of February, 2010.
J U D G M E N T
This appeal is preferred against the award of the Motor
Accidents Claims Tribunal, Kozhikode in O.P.(MV)2037/00.
The claimant is alleged to have sustained injuries in a road
accident and the Tribunal has dismissed the claim on the
ground that it is not proper to believe the documents
produced by the claimant. The insurance company’s liability
is also disputed and the Tribunal had exonerated the
insurance company also from the liability. I do not know
why after making R1 liable the Tribunal has dismissed the
claim application. Therefore the matter requires total
reconsideration. Hence the award under challenge is set
aside. The matter is remitted back to the Tribunal with a
direction to permit all concerned to produce documentary as
well as oral evidence in support of their respective
contentions and then the matter be disposed of in
accordance with law. The claimant is directed to take out
M.A.C.A. 1570 OF 2008
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notice to R1 as his interest is also deeply involved in the
matter, after the appellant enters appearance before the
Tribunal. Parties are directed to appear before the Tribunal
on 5.3.2010.
M.N. KRISHNAN, JUDGE.
ul/-